Trespass Notices in NZ

Nathan Tetzlaff | November 5, 2019

Anyone who occupies a property can issue a trespass notice against anyone else who might visit the property without lawful business being there.

 Who can issue a trespass notice?

To issue a trespass notice it is not necessary to own the property; a renter can trespass people from their rented property.

 How do you issue or serve a trespass notice?

To trespass someone from your property you only need to warn them to stay off. This can be done verbally or in writing. Once they have received notice, a person commits an offence if they remain on your property or come back to it within two years (without a lawful reason).

 How do trespass notices work?

If somebody does trespass on your property you or the police can bring a case against them. If they are convicted, the maximum penalty (depending on the type of trespass) is a fine of $1,000, or 3 months’ imprisonment. These maximum penalties would only ever be imposed in the most serious cases and imprisonment almost never.

For most people the value of a trespass order is not the option of going to court and getting a conviction, but rather the fact that the police can be involved to enforce a trespass order in some cases.

 NZ Police trespass notices

While trespass orders can be verbal, the police have a form for a trespass order that you may fill out, and the police may be prepared to deliver this to the trespasser. The police will keep a copy of this trespass order on file and can refer to it if needed. This means that if you call the police to complain about a person trespassing, they will have a record of the trespass notice.  The process of removing the person will probably be easier for you as the police will take care of it. Because of this we generally recommend that a trespass notice is prepared in writing and registered with the police.

Loading author information...

Important information


This article provides general information only and does not constitute legal advice. Every situation is different, and you should obtain legal advice specific to your circumstances before making any decisions or taking action based on this information.


In accordance with our obligations under the Lawyers and Conveyancers Act 2006, Smith and Partners cannot provide legal advice until you have become a client and received our Terms & Conditions of Engagement and Information for Clients.


Please note that we require a retainer to be paid before your first meeting and cannot assist with legal aid matters.

Get In Touch

We're here to help. Tell us a little about what you need help with and one of our team will be in touch.

Read More Articles

Lawyer on screen witnessing document signing
By Mikayla Sagar • October 14, 2026
Signed your will remotely during NZ's COVID-19 lockdowns? Find out whether it is still valid and why now may be a good time to have your will reviewed.
What is a Caveat on a Property in NZ?
By Kandice Reilly • October 11, 2026
What is a caveat on a property in NZ? Learn who can lodge a caveat, when one may be used and how a caveat can be removed from a property title.
By Carolyn Ranson • October 9, 2026
Considering a retirement village? Learn how Occupation Right Agreements work in NZ, what you're purchasing and what to check before you sign.
LIM report NZ
By Fiona Taylor • October 5, 2026
Buying property in NZ? Learn what a LIM report contains, why it matters, when to order one and why legal review before you buy is important.